The Supreme Court on Wednesday acquitted Asia Bibi, a Christian woman condemned to death on blasphemy charges after accepting her 2015 appeal against her sentence.
A three-judge bench headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar, Justice Asif Saeed Khosa and Justice Mazhar Alam Khan Miankhel had reserved its ruling on Asia Bibi's final legal appeal against execution (Asia Bibi v. The State, etc) on October 8.
The appeal challenged the Lahore High Court’s October 2014 verdict upholding a trial court’s November 2010 decision sentencing Bibi to death for committing blasphemy in 2009.
"The appeal is allowed. She has been acquitted. The judgement of high court as well as trial court is reversed. Her conviction is set aside," said Justice Nisar in the ruling.
"Her conviction is set aside and she is to be relieved forthwith if not required in other charges," he added.
The 56-page detailed judgement has been authored by CJP Nisar, with a separate concurrent opinion note from Justice Khosa.
"It is a well settled principle of law that one who makes an assertion has to prove it. Thus, the onus rests on the prosecution to prove guilt of the accused beyond reasonable doubt throughout the trial," noted the top judge in the order. "Presumption of innocence remains throughout the case until such time the prosecution on the evidence satisfies the court beyond reasonable doubt that the accused is guilty of the offence alleged against him.
"[...] The expression 'proof beyond reasonable doubt' is of fundamental importance to the criminal justice: it is one of the principles which seeks to ensure that no innocent person is convicted.
"Keeping in mind the evidence produced by the prosecution against the alleged blasphemy committed by the appellant, the prosecution has categorically failed to prove its case beyond reasonable doubt," concluded the chief justice.
The court also noted that "it is not for the individuals, or a gathering (mob), to decide as to whether any act falling within the purview of Section 295-C has been committed or not, because as stated earlier, it is the mandate of the court to make such decision after conducting a fully qualified trial and on the basis of credible evidence brought before it".
The CJP ended the judgement with a hadith of the Holy Prophet (Peace Be Upon Him) on the rights of minorities.
Bibi's lawyer Saiful Mulook told AFP: "The verdict has shown that the poor, the minorities and the lowest segments of society can get justice in this country despite its shortcomings. This is the biggest and happiest day of my life."
Bibi appeared to be in state of disbelief after hearing the decision from her lawyer.
"I can't believe what I am hearing, will I go out now? Will they let me out, really?" Bibi told AFP by phone from prison after the ruling. "I just don't know what to say, I am very happy, I can't believe it."
Bibi's husband also hailed the verdict. "I am very happy. My children are very happy. We are grateful to God. We are grateful to the judges for giving us justice. We knew that she is innocent," said Ashiq Masih.
Shortly after the ruling, hundreds blocked a key road linking Rawalpindi with Islamabad. People are also gathering for protests in Karachi and Peshawar. Similar rallies are being held elsewhere as police urge demonstrators to disperse peacefully.
The decision to take stringent security measures in the capital was made after a number of meetings held to thrash out a strategy to deal with any unforeseen situation after the verdict.
On Oct 13 this year, the Tehreek-i-Labbaik Pakistan, a religio-political party headed by Khadim Hussain Rizvi, threatened to “paralyse the country within hours if the Supreme Court sets Asia Bibi free”.
Islamabad was put on high alert on Tuesday night. Extra contingents of police and law enforcement agencies have been deployed in the capital.
About 300 police personnel, along with paramilitary units, are guarding the SC building, adjacent to Parliament House on Constitution Avenue.
Sources in the administration told Dawn that Rangers and Frontier Constabulary had been called as part of measures to step up security in Islamabad. Security of the Judges Enclave and the Diplomatic Enclave has been handed over to Rangers.
The sources said security personnel had been asked to guard the Red Zone as it houses sensitive installations, including the Supreme Court.
According to the sources, when some senior police officers met officials of the apex court, the law enforcers were asked to adopt security measures for the Supreme Court and other key points.
Allegations against Asia Bibi
Asia Bibi was convicted for blasphemy under Section 295-C of the Pakistan Penal Code for allegedly defaming Prophet Muhammad (Peace Be Upon Him). The offence carries the mandatory death penalty under Pakistani law.
The allegations against Bibi were that she made three “defamatory and sarcastic” statements about the Holy Prophet on June 14, 2009 during an argument with three Muslim women while the four of them were picking fruit in a field in Sheikhupura.
She was asked to fetch water, but the Muslim women objected, saying that as a non-Muslim she was unfit to touch the water bowl.
The women later went to a local cleric and accused Bibi of blasphemy against the Holy Prophet, a charge punishable by death under legislation that rights groups say is routinely abused to settle personal vendettas.
Arguments on appeal
During the hearing of Bibi's appeal on Oct 8, the prosecution side, represented by Additional Prosecutor for Punjab Chaudhry Zubair, and Ghulam Mustafa Chaudhry from the complainant side had supported each other by arguing that the accused had not denied committing blasphemy or presence of the accused as well as the witnesses at the place of occurrence. Besides, they said, the allegation of a quarrel before the incident in which Bibi was first insulted for being a Christian had also not been proved.
Advocate Saiful Malook, appearing on behalf of Bibi, had argued that the prosecution’s case was replete with infirmities and subsequent improvements and, therefore, the benefit of the doubt should be given to the accused and the entire investigation be declared illegal and unwarranted.
Meanwhile, CJP Nisar had observed that committing blasphemy was the most appalling and spiteful offence, and not only “our laws but the fundamentals of our religion also place strict standards of proof to prove the crime”.
The prosecution had claimed that Bibi “admitted” making the blasphemous statements at a “public gathering” on June 19, 2009 "while asking for forgiveness".
A trial court convicted Bibi for blasphemy in November 2010 and sentenced her to death. The Lahore High Court (LHC) had upheld her conviction and confirmed her death sentence in October 2014.
She had then challenged the LHC verdict in the Supreme Court, which stayed her execution in July 2015 and admitted her appeal for hearing.
The top court had first taken up the appeal in October 2016, but had to adjourn the matter without hearing after one of the judges recused himself from the SC bench. Two years later, the appeal was heard earlier this month and the CJP Nisar-led bench reserved its verdict.
Bibi's supporters maintain her innocence and insist it was a personal dispute, and the Vatican has called for her release.
In 2011, former Punjab governor Salman Taseer, who spoke out in support of Bibi, was gunned down in broad daylight in Islamabad. His assassin Mumtaz Qadri was executed in 2016 after the court found him guilty of murder.
Additional reporting by Nasir Iqbal.